On the heels of major cyber security headlines in 2017, experts predict that 2018 could bring even more data breaches and security threats. Indeed, the MIT Technology Review said the Equifax cyberattack – which exposed personal information for 145 million people – was a “stark reminder that hackers are thinking big when it comes to targets. Other companies that hold lots of sensitive information will be in their sights in 2018.” Chief Security Officer magazine agreed: “Breaches will be … [Read more...]
Ban the Box California Law and Salary Privacy: Two New Hiring Rules Job Seekers Should Know
2018 will bring two new laws that will affect how you apply for jobs in the Golden State. The Ban the Box California law – more formally known as AB 1008 – prohibits employers from asking about criminal records, and the state’s new salary privacy law (AB 168) forbids asking about candidates’ salary history. Together, they are poised to help employees across the state. “Ban the Box” aims to provide fair opportunities for the one in three California adults with arrest or conviction records. … [Read more...]
Highly Compensated Employee Exemption: Overtime Still Applies to Top Sales Staff
It doesn’t matter how much money you take home in commissions – you can still be entitled to overtime pay, even where an employer invokes the highly compensated employee exemption, according to a recent decision in federal court. Background Wyndham Vacation Ownership operates resorts and time-share units across the Caribbean and North America. Sales representatives at Wyndham’s four Tennessee properties filed a lawsuit, Pierce v. Wyndham Vacation Resorts, Inc., in which they claimed the company … [Read more...]
Government Contract Fraud: Three Reasons Competitors Make Great Whistleblowers
When most people think of whistleblowers who expose government contract fraud, they probably picture “insiders” at companies that cheat the government. Indeed, the federal False Claims Act, a key whistleblower law, requires that information or evidence of fraud, waste or abuse come from an “original source.” But there’s no requirement that the original source be someone inside the company. Outsiders with the right information can blow the whistle, too. Indeed, in some situations, the best … [Read more...]
Non-Compete Agreements in California Aren’t Enforceable. That’s a Good Thing.
The New York Times recently published a series of exposes on how employers use non-competition agreements, or “noncompetes,” to prevent employees from making a living at other companies. According to the latest piece in the series, the use of noncompetes in the employment context has spread down the economic pyramid from executives and other high-level employees to blue-collar workers ranging from factory managers to sandwich makers earning $8 an hour to people who simply “dig dirt” for a … [Read more...]
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